Petitioner preliminary executrix's successful efforts in having herself appointed the decedent's guardian only months before he executed the first of the three codicils does not collaterally estop her from arguing that the decedent possessed testamentary capacity at the time he executed the codicils, since a finding of incapacity under Mental Hygiene Law article 81 is based upon different factors from those involved in a finding of testamentary capacity (compare, ...
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